Supreme Court of North Carolina, 1872

State v. . Phillips

State v. . Phillips
Supreme Court of North Carolina · Decided January 5, 1872 · BoydeN
66 N.C. 646

State v. . Phillips

Opinion of the Court

BoydeN, J.

No appeal is allowed on the part of the State’ where a general verdict of not guilty has been rendered.

This was decided as far back as 1809, in the case of the State v. Jones, 1 Mur. 257, again in 1824, in the case of the State vs. Taylor, 1 Hawks, 422, and recently in the case of the State v. Credle, 63 N. C. R., 506. As no appeal could be *647 taken by the State, the question in regard to the competency of the evidence rejected, does not arise.

There is error. Appeal dismissed.

PjeR Curiam. Error.

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